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(영문) 대전지방법원 서산지원 2016.05.12 2015고단198
횡령
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The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

[2015 Highest 198]

1. On January 24, 2014, the Defendant: (a) received the said car from F upon the victim’s request from the victim D to sell the EP car owned by the victim; and (b) received the victim’s son’s request from the victim; and (c) received the said car from the victim’s son;

4. On November 1, 201, G sold the said car at KRW 110 million and received the sales amount and consumed it for personal purposes at will around that time.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, at around 14:00 on March 10, 2014, received and kept the said car from the “J” under the “J”, a student of the victim H, with the request of the victim H, to sell the said car at a low market price of LM5 car owned by the victim, and offered the said car as security. Around that time, the Defendant borrowed KRW 450,000 to the non-resident in the name, and provided the said car as security.

Accordingly, the defendant embezzled the victim's property.

[2015 Highest 309] On October 18, 2012, the Defendant entered into a lease agreement between the Plaintiff’s Hyundai Capital Co., Ltd. and the Defendant with respect to one passenger car owned by the victim company, which is the victim company, on the part of the Plaintiff, around 65,420,00, monthly rent of KRW 1,349,50, monthly rent of KRW 60, and the lease period of 60 months, and the lease company may terminate the lease agreement if the lessee delays the lease fee. In such case, the lessee may return the leased vehicle to the lease company.

The Defendant borrowed KRW 14 million to a non-motor vehicle lessee in the vicinity of the Seogsan-dong, Seosan-dong, Seosan-si, Seosan-si, and embezzled the said motor vehicle by arbitrarily offering the said motor vehicle as security, while keeping the said motor vehicle for the victim.

Summary of Evidence

[2015 Highest 198]

1. Statement by the defendant in court;

1. Each police statement made to D or K;

1. E.

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